On October 14, 2013, at around 12:00, the defendant driving a B-house B vehicle, and shocked the B-house intersection in front of the D-care center in Daejeon Seo-gu, Daejeon, to the front of the B-house B-house, from the E-eewing ground to the front side of the construction section in the middle of the two-lanes of the road. The defendant shocked the F without the permission crossing the electric wheelchairs from the left side of the progress direction to the right side.

B. In the event of the foregoing traffic accident, F was injured by an injury, such as an explosion of a external organ with no open address in two countries, and is currently in the state of not having any slab and food.

C. The Plaintiff entered into an insurance contract for personal car with G and H vehicles, and on April 8, 2015, according to the non-insurance-free injury special agreement, the Plaintiff paid insurance proceeds of KRW 111,122,100 in addition to the medical expenses paid to F in a medical institution under the pretext of the agreement on compensation for damages arising from the said traffic accident.

In agreement with F, the Plaintiff calculated KRW 43,295,387 as lost earnings, KRW 83,027,112 as the opening expenses, KRW 114,684,560 as the treatment expenses, KRW 53,280,50 as the future treatment expenses, KRW 28,00 as the consolation money, and KRW 28,00,00 as the consolation money, and agreed that the F’s negligence in relation to the traffic accident was 30%.

Since then, the plaintiff was paid 20 million won as injury liability insurance and disability liability insurance amount of 92,593,490 won as compensation from the Dong Fire Insurance Co., Ltd., the insurer of the defendant's liability insurance.

On the other hand, on January 20, 2014, the Defendant deposited KRW 5 million as compensation for damages for F.

2. Determination

A. The Defendant’s passive damage (the scope of the Defendant’s liability for damages) asserts that, among the insurance proceeds that the Plaintiff paid to F, lost profit cannot be recognized. Examining the foregoing, F does not have any special occupation at the time of the occurrence of the instant traffic accident due to IB, and in light of such factual background, F does not have any dispute between the parties. In addition, F is not recognized as having lost profit. (2) The Defendant is the active damage.